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Husband is seeking divorce and taking custody of child please advise


20-Jan-2023 (In Child Custody Law)
we are married for 10 years and child is 5 and half years old. i have been through a lot of torture and emotional trauma since marriage of 10 years. recently, my husband was out of town and i invited one of my male frends. he came home late coz of his work. i needed to booze coz of my anxieties and he bought booze bottle and we ordered food at 2 at night. and he left the next morning.. all this is captured by building society and now my husband is trying to prove me characterless on the pretext.. that i boozed and some men coming home late at night and leaving mrng. he wants custody of my child and i want custody of my child..he is giving me all types of bribe to go mutual by giving me flat, car etc.. but since the time of 10 yers of marriage.. he was never a good husband nor a good father. n since last two years become too much religious too. not paying any attention to household. even if gets custody he will put my child in some religious school to make him a monk.. plz guide.
Answers (3)

Answer #1
914 votes
Dear client if u subject to torture then u have to file complaint with women cell of police against him. Let husband to file custody petition in court and then defend it in court. For any legal help call me

Adv Prasad Patil

Pune
Answer #2
630 votes
If you are willing to get divorced then you can file a petition for divorce in the court, in that itself you can claim the custody of your child. As the child is only 5 years old, most probably the custody will be with you only. Also what has been captured by the building or society does not determine that you are characterless. There has to be a strong evidence for that.
Answer #3
926 votes
Ma'am in your case if you are seeking a divorce you have to fight for is under section 13 of Hindu marriage act if you are a Hindu. Or either u can get a divorce By mutual consent wherein you'll can decide who can child stay with. If you go in a legal battle it will be ugly as he can use those CCTV footage but that does not prove you are at fault Many things can be prove against him too. For further help call on eight seven six seven seven two two five three four.

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